Settling a Cherry Hill Nursing Home Abuse Case
If someone thinks that they or a loved one have been abused, they should contact a distinguished nursing home abuse attorney to conduct an investigation. If it turns out that there was negligence or abuse that occurred, the person can file a lawsuit against the facility. One of the things that an attorney can do is gather all of the records and give the nursing home and the insurance company the opportunity to make it right. Following the process of their investigation, a compassionate attorney could help you consider settling your Cherry Hill nursing home abuse case.
Understanding Settlements for Nursing Home Abuse in Cherry Hill
It sometimes makes sense for the defendant in a nursing home abuse case to want to make a settlement offer before a lawsuit has to be filed. If they are willing to acknowledge what they did was wrong and to make it right by paying the family or the injured person an amount that is fair in light of what has occurred, then they can resolve it before going to trial. If they do not offer a settlement or an amount that is fair, then a lawsuit must be filed.
Before settling a Cherry Hill nursing home abuse case, individuals will file a lawsuit in the court system and pursue litigation. Filing a lawsuit just initiates the civil claims process and does not necessarily mean the case is necessarily going to trial. Families of abused or neglected nursing home residents shouldn’t settle their case unless there is a fair offer in light of the situation. The majority of cases settle before trial, but if the defendant nursing home facility never makes a fair offer, then it will be litigated in court before a local judge.
Determining the Value of a Nursing Home Abuse and Neglect Claim
Determining the value of a Cherry Hill nursing home abuse claim before settling it will depend on several factors. Number one is liability, based on how egregiously the nursing home’s actions deviated from the standard of care, whether it was negligence or gross negligence, and whether it was intentional. Then, it is necessary to evaluate the resident and their family’s damages for economic and non-economic losses.
The economic losses are typically easier to ascertain because they have clear numeric values, such as medical bills, lost wages, Medicare liens, health insurance liens, and future lost wages. A lawyer could help determine the value of non-economic damages by examining the extent and scope of the resident’s pain and the suffering, as well as the effect that this incident has had on the lives of their loved ones.
Non-economic losses don’t have a hard and fast number value, so a lawyer who has enough experience would look at prior cases to try to come up with a number that everybody thinks is fair. With these factors in mind, an attorney can figure out an appropriate range for a Cherry Hill nursing home abuse settlement.
Ask a Cherry Hill Lawyer about Settling a Nursing Home Abuse Case
You should bring as much information as you have from the time when you or your loved one were placed in the nursing home to an initial consultation. Our lawyers will collect any information you have received from the facility in regard to the incident, such as names, medical records, any medical bills, etc.
Bring in everything that you think is relevant to settling your Cherry Hill nursing home abuse case. It is always better to have more than less. A lawyer will take a look at your records and determine the best course of action to take in your case, so call today to get started.